What Happens When Someone Refuses to Sign Divorce Papers in Arizona?

Going through a divorce is never easy, even when both spouses agree it’s the best path forward. However, things can become exponentially more complicated when one spouse refuses to sign the divorce papers. In Arizona, this refusal does not necessarily prevent the divorce from happening but it can create some significant legal hurdles and financial risks that you need to be aware of.

At Goldman Law, LLC, our experienced divorce attorneys have guided countless clients through complex divorce proceedings, including cases where one spouse was uncooperative or outright refused to sign the papers. We understand the emotional turmoil and legal challenges these situations present, and we’re here to protect your rights and assets every step of the way.

What to Do If Spouse Refuses to Cooperate in Arizona Divorce

In Arizona, you don’t need your spouse’s signature to file for a non-covenant divorce. As the divorce petitioner, only your signature is needed in the filing. You must then serve the divorce petition papers to your spouse, and they will have to sign the Acceptance of Service to show that they have been notified.

Throughout this process, your spouse may be uncooperative in two ways: they may avoid accepting the service, or they may sign but then refuse to file a response. Here’s what to do in either scenario:

If your spouse refuses to sign the Acceptance of Service, or if they keep evading the service, you have other options:

• • Try other court-approved methods of service. For instance, you can enlist a sheriff, constable, or registered process server to deliver the papers on your behalf.

• Serve by publication. If you’ve made diligent efforts to no avail, service by publication is a last-resort option to officially notify your spouse that you’ve filed for divorce. This entails publishing the divorce papers in a newspaper. You will first need to request the judge to go by this method, and once they approve, you must follow their specific instructions on how and where to publish.

If your spouse signs the service but refuses to respond to your filing, here’s what happens:

Once your spouse accepts the service of divorce papers, they will have 20 days to file a reply with the court. If they live out of state, the time limit is 30 days. If they fail to officially respond on time, you may request the court for a default divorce.

If granted, a default divorce will likely result in favorable judgments towards the petitioner. For instance, the court may favor your requests regarding asset division and child custody. Get the guidance of an Arizona Family Law attorney to ensure that you are following all the necessary steps and meeting all requirements in your divorce case.

Different Rules in Covenant Divorce Process in Arizona

In Arizona, there are two main types of divorce: covenant marriage divorce and non-covenant marriage divorce. The process we discussed above pertains to non-covenant (‘regular’) divorce. If you’re in a covenant marriage and you wish to divorce, certain restrictive rules apply.

In a covenant marriage divorce, the spouse filing for divorce must prove one of the few grounds for terminating the marriage. Some of the valid grounds for covenant divorce are adultery, abandonment, or domestic violence. If the court finds that these grounds exist, the divorce can proceed even if one spouse refuses to sign the papers.

It’s best to consult an experienced Arizona divorce lawyer if you’re trying to get a covenant marriage divorce. The laws for this type of marriage dissolution are stricter, and you’ll want to ensure that you don’t make missteps that could complicate the process.

Potential Consequences of Refusing to Sign Divorce Papers

While a spouse’s refusal to sign divorce papers does not necessarily prevent the divorce from happening, it can create several potential consequences and risks:

• Increased legal fees: When one spouse is uncooperative, the divorce process can become more complicated and drawn out, resulting in higher legal fees for both parties. The non-signing spouse may also face additional court costs or fines for failing to comply with court orders.
• Unfavorable property division: In Arizona, marital property is generally divided equitably (though not necessarily equally) between the spouses during a divorce. If one spouse refuses to participate in the process, the court may divide the property based on the information provided by the other spouse, which could result in an unfavorable outcome for the non-signing spouse.
• Loss of spousal support: Depending on the circumstances, a spouse’s refusal to sign divorce papers could potentially impact their ability to receive spousal maintenance (alimony) or other financial support from the other spouse.
• Delayed finalization: A non-signing spouse can significantly delay the finalization of the divorce by failing to respond to court orders or participate in the process. This can prolong the emotional and financial stress of the divorce for both parties.
• Potential contempt of court charges: If a spouse repeatedly and intentionally ignores court orders related to the divorce, they could potentially face contempt of court charges, which can result in fines or even jail time.

Protecting Your Assets During an Arizona Divorce

Regardless of whether your spouse is cooperative or not, it’s crucial to take steps to protect your assets and financial interests during a divorce. Here are some key strategies to consider:

• Hire an experienced divorce attorney: Working with a skilled and knowledgeable divorce attorney is essential, especially in contentious or complex cases. You can find experienced and strategic divorce lawyers at Goldman Law, LLC.
• Gather financial documentation: Collect and organize all relevant financial documents including tax returns, bank statements, investment account information, and records of any valuable assets or debts. This information will be critical in ensuring a fair division of marital property.
• Establish separate accounts: If you haven’t already done so, open separate bank accounts and credit cards in your name alone. This will help prevent your spouse from draining joint accounts or running up excessive debt during the divorce process.
• Update beneficiary designations: Review and update the beneficiary designations on your life insurance policies, retirement accounts, and other assets to ensure your intended beneficiaries are listed.
• Protect your business interests: If you own a business or have significant business assets, take steps to protect your ownership interests and ensure the business is properly valued during the divorce proceedings.
• Consider a postnuptial agreement: In some cases, a postnuptial agreement can help protect certain assets or establish guidelines for property division and spousal support in the event of a divorce.
• Seek temporary orders: If you’re concerned about your spouse dissipating assets or engaging in other harmful behavior during the divorce process, you can request temporary orders from the court to prevent such actions.

Tips for When Your Spouse Refuses to Sign Divorce Papers

While a spouse’s refusal to sign divorce papers does not prevent the divorce from happening in Arizona, it can certainly complicate the process. Here are some tips to help you navigate this challenging situation:

• Remain patient and compliant: As frustrating as it may be, try to remain patient and continue complying with all court orders and deadlines. Losing your cool or acting out of anger could potentially hurt your case.
• Document everything: Keep detailed records of all communications, incidents, and attempts to serve your spouse with the divorce papers. This documentation can be invaluable evidence if you need to demonstrate your spouse’s non-compliance to the court.
• Consider mediation: Even if your spouse initially refuses to sign, they may be more willing to participate in mediation. A skilled mediator can help facilitate productive discussions and potentially reach a settlement agreement that both parties can accept.
• Request a default judgment: If your spouse continues to ignore the divorce proceedings entirely, you may be able to request a default judgment from the court. This would allow the divorce to proceed without your spouse’s participation or signature.
• Hire an experienced attorney: Working with a skilled divorce attorney is crucial in these situations. At Goldman Law, our attorneys have extensive experience handling high-conflict divorces and can guide you through the process while protecting your rights and assets. 
• Maintain open communication: While it may seem counterintuitive, try to keep lines of communication open with your spouse, if possible. Sometimes, a spouse’s refusal to sign is rooted in fear, anger, or misunderstanding, and open dialogue can help address those concerns.
• Prioritize your well-being: Divorce is already a stressful and emotional process, and dealing with an uncooperative spouse can amplify those feelings. Make sure to prioritize your mental and physical well-being by seeking support from friends, family, or a therapist if needed.
• Avoid blaming or attacking your spouse: While it’s understandably frustrating when your spouse refuses to sign the divorce papers, try to avoid blaming or attacking them. This is unlikely to be productive and may only further entrench their position. Instead, focus on communicating through your attorneys and the court process in a civil manner.

Work with Goldman Law, LLC

At Goldman Law, we are highly experienced in divorce cases where one spouse is uncooperative or refuses to sign the papers. Our skilled divorce attorneys are here to guide you through every step of the process, protecting your rights and assets while working towards the best possible outcome for you and your family. With over 25 years of combined experience in Family Law, our team has earned the highest ratings and recognition from various law bodies and clients alike. We’ve been named Clients’ Choice for Divorce Cases on Avvo and have been named among the Super Lawyers in this area.

Our approach combines aggressive legal representation with compassionate, personalized attention. We’ll work tirelessly to ensure your case is resolved efficiently and effectively, keeping you informed and supported throughout the entire process.

If you’re facing a divorce in Arizona, especially if your spouse is refusing to sign the papers, don’t navigate this complex legal situation alone. Contact Goldman Law, LLC at (602) 698-5520 to schedule a consultation.